The Rise of OTA in Defense Contracting, Part 5: Commercial Solutions Openings and NDAA FY26
In the evolving landscape of government contracting, non-FAR-based procurements, including Other Transactions Authority (OTA), have become a focal point. A key element of President Trump’s April 9, 2025, Executive Order, “Modernizing Defense Acquisitions and Spurring Innovation In the Defense Industrial Base,” emphasized reforming the Department of War’s (DOW) acquisition process by prioritizing Commercial Solutions Openings (CSOs) and OTA. In November 2025, Secretary Hegseth’s memorandum, “Transforming the Warfighting Acquisition System to Accelerate Fielding of Capabilities,” highlighted that the Under Secretary of . . . Read More
The Rise of OTAs in Defense Contracting: Opportunities, Risks, and What Contractors Need to Know
Click here to view the recorded session. As the Defense Department increasingly turns to Other Transaction Authority (OTA) agreements to streamline innovation and speed up procurement, contractors—especially those in the defense sector—must adapt to this rapidly evolving development. Whether you’re a seasoned government contractor or a commercial firm entering the defense space, this session offers strategic insights to help you capitalize on OTA opportunities while managing associated risks. Join Cy Alba and Josie Farinelli, attorneys from PilieroMazza’s Government Contracts Group, as they unpack: What OTAs are . . . Read More
The Rise of OTA in Defense Contracting, Part 4: Capitalizing on Consortia
In this final blog of PilieroMazza’s blog series, “The Rise of OTA in Defense Contracting,” we discuss DOD’s authority to award OTs to consortia and how joining a consortium may be an ideal way to “get your feet wet” if you’re a small business, non-traditional government contractor, or otherwise new to OTA. Visit this link to access Parts 1-3 in this blog series. What is a Consortium? In the context of a DOD OT, a consortium is a relationship between . . . Read More
The Rise of OTA in Defense Contracting, Part 3: Best Practices for OTA Negotiations
In this Part 3 of PilieroMazza’s blog series, “The Rise of OTA in Defense Contracting,” we discuss tactics and best practices defense contractors should deploy when negotiating terms once selected for an OT award. This is essential guidance to strengthen your position and protect your interests throughout the contract’s lifecycle. Visit this link to access Parts 1 and 2 in this blog series. Flexibility = Negotiation As discussed in the previous blog, the flexibility of DOD’s OTA is key to . . . Read More
The Rise of OTA in Defense Contracting, Part 2: What Is It, Who’s Eligible, and Where to Find Opportunities
In Part 1 of PilieroMazza’s blog series (linked here), we looked at how Other Transactions Authority (OTA) has emerged as a key acquisition tool for government contractors eager to work with the Department of Defense (DOD). In Part 2, we’ll unpack what OTA is, who can participate in these agreements, and where to look for OTA-related opportunities. What is an “Other Transaction”? OT generally refers to the statutory authorities allowing the federal government to enter transactions other than a typical . . . Read More
The Rise of OTA in Defense Contracting, Part 1: Defense Acquisition Reform
President Trump’s April 9, 2025, Executive Order Modernizing Defense Acquisitions and Spurring Innovation In the Defense Industrial Base (EO) is likely to have major implications for federal defense contractors. This blog, the first in a three-part series about Other Transactions Authority (OTA), discusses the EO and the Department of Defense’s (DOD) use of OTA in reforming defense acquisition. For government contractors eager to work with DOD under OTA—particularly small businesses and non-traditional defense contractors with an interest in research, development, . . . Read More
Potential Changes on the Horizon for DOT’s Disadvantaged Business Enterprise Program
The Department of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE) Program is in the midst of a major overhaul that would update, streamline, and clarify existing rules, strengthen implementation, and increase reporting requirements. The DOT’s DBE Program allows small businesses owned by socially and economically disadvantaged individuals to tap into billions of dollars’ worth of contracting opportunities issued at the state and local level through federally-funded infrastructure projects. On July 21, 2022, DOT issued a notice of proposed rulemaking (Rule) which . . . Read More
2016 Saw Rise in False Claims Act Actions and Recoveries
By Ambi Biggs The U.S. government and whistleblowers brought an increased number of False Claims Act (“FCA”) cases – as well recovered a larger amount in settlements and judgements – in the fiscal year 2016, as compared to 2015. In 2016, the U.S. Department of Justice recovered $4.7 billion in settlements and judgments, the third highest annual recovery ever for the department in the FCA’s history. Under the FCA, anyone who knowingly presents a false or fraudulent claim to the . . . Read More
Weekly Update for Government Contractors and Commercial Businesses – August 13, 2026
The Weekly Update recaps recent legislative and regulatory updates affecting government contractors and commercial businesses. If you have questions concerning this content, please email marketing@pilieromazza.com. _____________________________________________ GOVERNMENT CONTRACTS SBA Finalizes Rule Regarding Social Disadvantage Requirements for Individually-Owned 8(a) Applicants PilieroMazza Client Alert, Meghan Leemon On August 11, just shy of 30 days after comments on the proposed rule closed, SBA issued a final rule entitled “Reforms to 13 CFR 124.103 to remove SBA’s 8(a) Program’s rebuttable presumption of social disadvantage for individually owned firms only. Reforms do . . . Read More
The LOI Problem: How the Present Effect Rule Creates Affiliation Risk Investors and PE Buyers Aren’t Pricing In – The GovCon M&A Playbook, Part 2
Private equity investors and strategic acquirers pursuing small business government contractors have largely absorbed one lesson from SBA’s 2025 recertification reforms. If a target has outstanding proposals for set-aside work, timing the close matters. Under SBA’s 180-day recertification rule, closing a transaction within 180 days of proposal submission can render a target ineligible for award if it cannot recertify as small. Close after day 180, and the target may remain eligible, but only for certain contracts. Single award set-aside contracts . . . Read More